561

DOMESTIC VIOLENCE AGAINST WOMEN – LEGAL CONTROL

AND JUDICIAL RESPONSE (2006). By Preeti Misra. Deep & Deep
Publication s Pvt. Ltd., F-159, Rajouri Garden, New Delhi. Pp.
xxxviii+606. Price Rs. 1150/-.

DOMESTIC VIOLENCE is a pervasive problem in India that cuts across

age, education, social class and religion. From the richest and highest
castes to the slum dwellers, domestic violence is a problem. Recent
studies indicate that violence against women in general and domestic
violence in particular, is intricately linked to real or perceived fulfilment
of masculinities. It appears that men are more likely to use violence
against women if they are unable to fulfil a hegemonic masculinity.
Men’s expression of masculinity is also closely linked to controlling
women in their family and ensuring that they fulfil expected roles.
Women who do not fulfil expected roles or who challenge men’s
actions threaten their masculinity, often resulting in violent reactions.
Situations where the wife confronts the man in front of his family or
friends are especially likely to provoke violence. Violence, therefore, is
at one level a sign of a struggle to maintain a sense of identity and
power.
The author of the book under review believes that domestic violence
against women in India is an issue that has been under-addressed in the
law. She considers that domestic violence against women is an age-old
phenomenon and in all its forms has increasingly been recognised
nationally and internationally as a serious problem, which has either
been condoned or ignored. She observes that while home is the least
safe place for women, it is the safest place for men to commit violence
against women. She opines that among the many manifestations of the
violations of the fundamental rights of women, domestic violence is
one of the most vicious.
Domestic violence is not simply a legal problem, which can be
eradicated by appropriate legal measures alone. It is very much a social
and psychological problem and can be tackled adequately by bringing
about fundamental changes in the social system and in the attitudes of
people towards women and children. It must be recognised that in
traditional societies legislation by itself is an incomplete solution to the
problem of social change.
The author expresses her pessimism by characterising Indian society
as a tradition bound society in which the traditionalists would present
an idealised picture of women substantiating their claims on the basis

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562 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 49 : 4

of certain references from the Vedic and classical literature. Even in

the 21st century with so many guaranteed legal and constitutional rights
the woman is not given her due place in the society. Though the
Constitution of India is colour blind and human rights are gender blind,
women’s rights are not recognised as human rights. As a result domestic
violence is not treated as violation of human right.
While tracing history of domestic violence from prehistoric times
to present day, the author in chapter 2 describes domestic violence as
violent victimization of women. The pattern of behaviour includes
foeticide, infanticide, incest, wife battering, dowry deaths, murder and
abuse of elder women.
Chapter 3 of the book is a very important chapter, which evaluates
the implications of abuse and neglect of women in Indian society. Bulk
of discussion therein, relates to wife battering. Various theories about
the causation of domestic violence is dealt with in chapter 4 and the
author gives an integrated approach with a multi-factor theory.
Judicial response to domestic violence discussed in chapter 5
adequately explains as to how this agency is functioning. According to
the author, the Protection of Women from Domestic Violence Act,
2005 is basically a knee-jerk reaction to the widespread violence against
women. The very fact that such an Act had to be enacted reveals the
kind of world we live in. In a perfect world, women and men would
complement each other rather than compete with each other. They
would rather derive happiness from honouring and not negating each
other. Unfortunately that’s not the world we have inherited.
How far the new law will be able to achieve the desired goals, one
has to wait and watch. It can only be said that this is a good beginning
in the direction of gender equality and gender justice. The real change
has to start within families. It is important that the society and law
enforcers become more sensitive towards women, if the legislation has
to have any impact. At the same time there is an apprehension that the
Act as a legal tool might be used against innocent men. Therefore,
some of the provisions of the Act will have to be tested in courts for
allaying such fears.
The book in chapter 6 incorporates the findings of the author
derived on the basis of her empirical research. She claims that by the
end of 1998, 84% of cases of domestic violence were pending trial. It
goes without saying that there is no improvement in the disposal of
such cases. In conclusion she suggests that structural changes are
required to empower women to make them independent and thereby
less vulnerable to violence. She also suggests that a great amount of
attitudinal change both on the part of men and women is very much
necessary if any tangible transformation is to happen. At this juncture
the reviewer is reminded of Justice Learned Hand’s observation that

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2007 ] BOOK REVIEWS 563

the freedoms should be written in the hearts and minds of men and
women and no amount of paper guarantees are adequate enough to
save the victims from domestic violence.
The book is a significant contribution on a very important topic of
contemporary relevance and it is hoped that it will find a place in the
libraries of lawyers, academicians and social scientists and policy
makers. The price of the book is, however, excessive and the publisher
may well consider lowering it.

A. Raghunadha Reddy*

* Professor, Dept. of International Law, The Tamilnadu Dr. Ambedkar Law

University, Chennai.

www.ili.ac.in © The Indian Law Institute